Telehealth
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SB 280 — Telehealth
Last action — Died in Messages
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1 added · 112 removed1 line(s) added, 112 removed.
FloridaDOCUMENT SenateUNAVAILABLE - 2018 CS for SB 280 By the Committee on Banking and Insurance;
and Senator Bean 597-02153-18 2018280c1 A bill to be entitled An act relating to telehealth;
creating s.
456.4501, F.S.;
defining terms;
establishing the standard of care for telehealth providers;
authorizing telehealth providers to use telehealth to perform patient evaluations;
providing that telehealth providers, under certain circumstances, are not required to research a patient’s history or conduct physical examinations before providing services through telehealth;
providing that a nonphysician telehealth provider using telehealth and acting within her or her relevant scope of practice is not deemed to be practicing medicine without a license;
authorizing certain telehealth providers to use telehealth to prescribe specified controlled substances;
providing for construction;
requiring the Department of Health to develop and disseminate certain educational materials to specified licensees by a specified date;
providing recordkeeping requirements for telehealth providers;
providing requirements for patient consent for telehealth treatment;
providing an effective date.
23 Be It Enacted by the Legislature of the State of Florida:
25 Section 1. Section 456.4501, Florida Statutes, is created to read:
456.4501 Use of telehealth to provide services.— (1) DEFINITIONS.—As used in this section, the term:
(a) “Information and telecommunications technologies” means those secure electronic applications used by health care practitioners and health care providers to provide health care services, evaluate health care information or data, provide remote patient monitoring, or promote healthy behavior through interactions that include, but are not limited to, live video interactions, text messages, or store and forward transmissions.
(b) “Store and forward” means the type of telehealth encounter which uses still images of patient data for rendering a medical opinion or patient diagnosis.
The term includes the asynchronous transmission of clinical data from one site to another site.
(c) “Synchronous” means live or two-way interactions using a telecommunications system between a provider and a person who is a patient, caregiver, or provider.
(d) “Telecommunications system” means the transfer of health care data through advanced information technology using compressed digital interactive video, audio, or other data transmission;
clinical data transmission using computer image capture;
and other technology that facilitates access to health care services or medical specialty expertise.
(e) “Telehealth” means the mode of providing health care services and public health services by a Florida licensed practitioner, within the scope of his or her practice, through synchronous and asynchronous information and telecommunications technologies where the practitioner is located at a site other than the site where the recipient, whether a patient or another licensed practitioner, is located.
(f) “Telehealth provider” means a person who provides health care services and related services through telehealth and who is licensed under chapter 457;
chapter 458;
chapter 459;
chapter 460;
chapter 461;
chapter 462;
chapter 463;
chapter 464;
chapter 465;
chapter 466;
chapter 467;
part I, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468;
chapter 478;
chapter 480;
Show all 63 changed lines (23 more)
parts III and IV of chapter 483;
chapter 484;
chapter 486;
chapter 490;
or chapter 491;
or who is certified under s.
393.17 or part III of chapter 401.
(2) PRACTICE STANDARDS.— (a) The standard of care for a telehealth provider providing medical care to a patient is the same as the standard of care generally accepted for a health care professional providing in-person health care services to a patient.
A telehealth provider may use telehealth to perform a patient evaluation.
If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research the patient’s medical history or conduct a physical examination of the patient before using telehealth to provide services to the patient.
(b) A telehealth provider and a patient may be in separate locations when telehealth is used to provide health care services to the patient.
(c) A nonphysician telehealth provider using telehealth and acting within his or her relevant scope of practice is not deemed to be practicing medicine without a license under any provision of law listed in paragraph (1)(f).
(d) A telehealth provider who is authorized to prescribe a controlled substance named or described in Schedules I through V of s.
893.03 may use telehealth to prescribe a controlled substance, except that telehealth may not be used to prescribe a controlled substance to treat chronic nonmalignant pain as defined in ss.
458.3265(1)(a) and 459.0137(1)(a) or to issue a physician certification for marijuana pursuant to s.
381.986.
This paragraph does not prohibit a physician from using telehealth to order a controlled substance for an inpatient admitted to a facility licensed under chapter 395 or a patient of a hospice licensed under chapter 400.
(e) By January 1, 2019, the department, in coordination with the applicable boards, shall develop and disseminate educational materials for the licensees listed in paragraph (1)(f) on the use of telehealth modalities to treat patients.
(3) RECORDS.—A telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard used for in-person health care services pursuant to ss.
395.3025(4) and 456.057.
(4) CONSENT.—Patients are not required to provide specific authorization for treatment through telehealth, but must authorize treatment that meets the requirements of the applicable practice acts and s.
766.103, and must be allowed to withhold consent for any specific procedure or treatment through telehealth.
Section 2. This act shall take effect July 1, 2018.
Show all 63 changed rows (23 more)
View plain text versions (3)
- S 280 e1 View text html
- S 280 c1 View text Current html
- Introduced S 280 Filed html
Action History
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Died in Messages
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Indefinitely postponed and withdrawn from consideration
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In Messages
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CS passed as amended; YEAS 36 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Ordered engrossed
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Amendment(s) adopted (883158)
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Read 2nd time
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Placed on Special Order Calendar, 03/01/18
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Placed on Calendar, on 2nd reading
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Favorable by- Appropriations; YEAS 20 NAYS 0
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On Committee agenda-- Appropriations, 02/22/18, 2:00 pm, 412 Knott Building
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Now in Appropriations
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Subcommittee Recommendation: Favorable by Appropriations Subcommittee on Health and Human Services; YEAS 6 NAYS 0
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On Committee agenda-- Appropriations Subcommittee on Health and Human Services, 02/14/18, 4:00 pm, 401 Senate Office Building
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Now in Appropriations Subcommittee on Health and Human Services
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Favorable by Health Policy; YEAS 8 NAYS 0
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On Committee agenda-- Health Policy, 01/30/18, 10:00 am, 412 Knott Building
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CS by Banking and Insurance read 1st time
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Now in Health Policy
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Banking and Insurance; YEAS 11 NAYS 0
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On Committee agenda-- Banking and Insurance, 01/16/18, 4:00 pm, 110 Senate Office Building
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Introduced
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Referred to Banking and Insurance; Health Policy; Appropriations Subcommittee on Health and Human Services; Appropriations
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Filed
Sponsors
- Bean · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Bean
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 1 |
| Democrat | 3 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Simmons | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Simpson | — | Yea |
| Benacquisto | — | Yea |
| Grimsley | — | Yea |
| Stargel | — | Yea |
| Hukill | — | Yea |
| Steube | — | Yea |
| Lee | — | Yea |
| Brandes | — | Yea |
| Braynon | — | Yea |
| Montford | — | Yea |
| Perry | — | Yea |
| Flores | — | Yea |
| Rader | — | Yea |
| Galvano | — | Yea |
| President Negron | — | Not Voting |
| Book | — | Yea |
| Bracy | — | Yea |
| Broxson | — | Yea |
| Farmer | — | Yea |
| Gainer | — | Yea |
| Hutson | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Thurston | — | Yea |
| Taddeo | — | Yea |
| Torres | — | Yea |
| Campbell, Daryl | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Young, RaShon | Democrat | Yea |
| Bradley, Jennifer | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Not Voting |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Benacquisto | — | Yea |
| Brandes | — | Yea |
| Braynon | — | Yea |
| Galvano | — | Yea |
| Gibson | — | Yea |
| Grimsley | — | Yea |
| Montford | — | Yea |
| Simmons | — | Yea |
| Simpson | — | Yea |
| Stargel | — | Yea |
| Flores | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Gainer | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Stargel | — | Yea |
| Flores | — | Yea |
| Rader | — | Not Voting |
| Book | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Benacquisto | — | Yea |
| Hukill | — | Yea |
| Montford | — | Yea |
| Book | — | Yea |
| Hutson | — | Yea |
| Powell | — | Yea |
| Young, RaShon | Democrat | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Braynon | — | Yea |
| Grimsley | — | Yea |
| Steube | — | Yea |
| Flores | — | Yea |
| Bracy | — | Yea |
| Broxson | — | Yea |
| Gainer | — | Yea |
| Thurston | — | Yea |
| Taddeo | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 280?
- SB 280 is sponsored by Bean.
- What is the current status of SB 280?
- This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 280?
- Track SB 280 free on One Click Politics — get push/email alerts when it moves.
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